Skip to main content

Unsuccessful Candidate Is Estopped From Challenging Selection Process After Taking Part In It

In D. SAROJAKUMARI Vs R. HELEN THILAKOM & ORS., the Supreme Court has held that once a person took part in the process of selection and was not found fit for appointment, the said person was estopped from challenging the process of selection. This was in a contest between two Music Teachers claiming appointment in a school under the management of Church of South India. There were two schools under the management- Samuel LMS High School, and Light of the Blind School, which was meant for visually challenged students.

One Helen Thilakom was working as a part-time music teacher in the Light of the Blind School. Selection process for direct recruitment for full-time music teacher in Samuel School was notified. Helen participated in the selection process. But she was rejected, and one Saroja kumari got selected. Thereupon, Helen challenged the selection process contending that the vacancy in Samuel School could not have been filled up by direct recruitment. She contended that she was entitled for promotion to the post, reckoning her service in Light of Blind School.

The Departmental Authorities did not accept the challenge of Helen, on ground that both the schools could not be treated as falling under one unit, as Light of Blind School was a special school catering to the needs of visually challenged. So, it was pointed out that there could not be any common seniority list for both schools, though they were under same management.

However, the High Court accepted the challenge of Helen, and held that she was entitled to promotion, treating both schools as falling under same unit. Sarojakumari had resisted the challenge stating that Helen was estopped from contending that no direct recruitment could be held, after having taken part in the selection process. But the said contention was rejected, and Sarojakumari was shown the door by HC.

Comments

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...
2 comments
Read more

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.
2 comments
Read more